Maryland Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

Maryland Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Maryland

abandoned mine land reclamation plan (hereinafter referred to as the

``Maryland Plan'') under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). Maryland proposed revisions and additions to its Plan

pertaining to new abandoned mine lands (AML) program initiatives. One

Initiative would allow Maryland to expend up to 30 percent of Title IV

grants on facilities related to water supply, including water supplies

adversely affected by certain eligible coal mining practices. A second

initiative would allow Maryland to use AML funds for reclamation and

drainage abatement at certain eligible sites where mining occurred

during a specified time period. The amendment is intended to revise the

Maryland plan to be consistent with the corresponding Federal

regulations and SMCRA and incorporate the additional flexibility

afforded by the Abandoned Mine Land Reclamation Act of 1990 and the

Energy Policy Act of 1992.

EFFECTIVE DATE: December 9, 1994.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg Field Office, OSM, Harrisburg

Transportation Center, Third Floor, Suite 3C, 4th and Market Streets,

Harrisburg, Pennsylvania 17101, Telephone: (717) 782-4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Plan

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Maryland Plan

On June 16, 1982, the Secretary of the Interior approved the

Maryland Plan. Background information on the Maryland Plan, including

the Secretary's findings, the disposition of comments, and the approval

of the plan can be found in the June 16, 1982, Federal Register (47 FR

25955). Subsequent actions concerning the conditions of approval and

amendments to the Plan can be found at 30 CFR 920.20 and 920.25.

II. Submission of the Proposed Amendment

By letter dated August 19, 1993 (Administrative Record No. MD-

565.00), Maryland submitted a proposed amendment to its Plan pursuant

to SMCRA at its own initiative. Maryland proposed to amend its Plan to

allow for two program initiatives. The first program would allow

Maryland to expend up to 30 percent of Title IV grants for the purpose

of protecting, repairing, replacing, constructuring, or enhancing

facilities related to water supply, including water distribution

facilities and treatment plants, to replace water supplies adversely

affected by certain eligible coal mining practices. The second program

would allow Maryland to use AML funds for reclamation and drainage

abatement at certain eligible sites where the surface coal mining

operation occurred during the period beginning on August 4, 1977, and

ending on or before February 18, 1982. OSM announced receipt of the

proposed amendment in the September 21, 1993, Federal Register (58 FR

48998), and in the same document, opened the public comment period and

provided an opportunity for a public hearing on the adequacy of the

proposed amendment. The public comment period closed on October 21,

1993.

During its review of the amendment, OSM identified concerns

relating to the extended eligibility dates for interim mine sites and

the use and source of funds. OSM notified Maryland of these concerns by

letter dated November 2, 1993 (Administrative Record No. MD-565.06).

By letters dated August 3, 1994 (Administrative Record No. MD-

565.07), and September 1, 1994 (Administrative Record No. MD-565.08),

Maryland responded to OSM's concerns by submitting additional

explanatory information. Maryland submitted House Bill 1522 which

revised section 7-906 of the Natural Resources Act, Subtitle 9, of the

Annotated Code of Maryland to extend the eligibility dates for the

reclamation of mine sites by including lands and waters made eligible

through amendments to SMCRA, as amended through October 1, 1994.

Maryland also revised its Plan to specify that eligible interim sites

are those on which mining ended on or before the Secretary's approval

of Maryland's regulatory program. OSM approved the Maryland program on

December 1, 1980 (45 FR 79449).

OSM announced receipt of the additional information in the November

14, 1994, Federal Register (59 FR 56451). The public comment period

closed on November 29, 1994.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 884.14 and 884.15, are the Director's findings concerning the

proposed amendment.

Revisions not specifically discussed below concern nonsubstantive

wording changes, or revised cross-references and paragraph notations to

reflect organizational changes resulting from this amendment.

1. Interim Program Bond Forfeiture Projects

Maryland is revising its reclamation project ranking and selection

procedures for priority 1 and 2 sites to include interim program bond

forfeiture projects. Maryland's interim program bond forfeitures

include sites where mining occurred after the enactment of SMCRA and

ended on or before the Secretary of the Interior's approval of

Maryland's regulatory program. The Secretary approved the Maryland

program on December 1, 1980 (45 FR 79449). Eligible interim program

sites are those that remain inadequately reclaimed and for which

available funds from bonds or other forms of financial guarantees or

from any other source are insufficient to adequately reclaim the site.

Maryland also revised its statutory language in section 7-906 of the

Natural Resources Act, Subtitle 9, of the Annotated Code of Maryland to

extend the eligibility dates for the reclamation of mines sites by

including lands and waters made eligible through amendments to SMCRA,

as amended through October 1, 1994.

Section 402(g)(4)(B)(1) of SMCRA authorizes expenditures from the

AML fund for interim sites provided that any funds for reclamation and

abatement which are available from any source are not sufficient to

provide for adequate reclamation or abatement. The Director finds the

proposed State program amendment to be no less stringent than the

counterpart provisions in section 402(g)(4)(B) of SMCRA.

2. Water Supply Replacement Projects

Maryland is revising its reclamation project ranking and selection

procedures for priority 1 and 2 sites to include water supply

replacement projects. Maryland is authorizing the expenditure of up to

30 percent of the State's share of its annual Federal grant allocation

for the purpose of protecting, repairing, replacing, constructing, or

enhancing facilities related to water supply, including water

distribution facilities and treatment plants, to replace water supplies

adversely affected by coal mining practices. Title IV grant funds will

be used for these projects if the adverse effects on water supplies

occurred prior to August 3, 1977. Title IV grant funds may also be used

for projects where the adverse effects on water supplies occurred both

prior to and after August 3, 1977, where the adverse effects were

predominately the result of mining that occurred prior to August 3,

1977.

Section 403(b) of SMCRA authorizes the expenditure for the purposes

listed above of up to 30 percent of the funds allocated to the States

in any year through grants made available under sections 402(g)(1) and

(5) of SMCRA. The Director finds the proposed State regulation no less

stringent than the counterpart provisions in section 403(b) of SMCRA

provided that Maryland use only those funds allocated through grants

made available under sections 402(g)(1) and (5) of SMCRA.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received, and because no one requested an opportunity to speak at a

public hearing, no hearing was held. The Director also solicited public

comments on the additional information submitted by Maryland. No public

comments were received.

Federal Agency Comments

Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited

comments on the proposed amendment from various other Federal agencies

with an actual or potential interest in the Maryland plan. The

Department of Labor, Mine Safety and Health Administration, and the

Department of the Army, Corps of Engineers, concurred without comment.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), the Director must solicit the

written concurrence of the Administrator of the EPA with respect to

those provisions of the proposed plan amendment which relate to air or

water quality standards promulgated under the authority of the Clean

Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1251

et seq.). The Director has determined that this amendment contains no

such provisions and that EPA concurrence is therefore unnecessary.

V. Director's Decision

Based on the above findings, the Director approves the proposed

Plan amendment and statutory change as submitted by Maryland on August

19, 1993, August 13, 1994, and September 1, 1994.

The Federal regulations at 30 CFR Part 920, codifying decisions

concerning the Maryland plan, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State plan amendment process and to encourage States to

bring their plans into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (Civil Justice Reform) and has

determined that, to the extent allowed by law, this rule meets the

applicable standards of subsections (a) and (b) of that section.

However, these standards are not applicable to the actual language of

State and Tribal abandoned mine land reclamation plans and revisions

thereof since each such plan is drafted and promulgated by a specific

State or Tribe, not by OSM. Decisions on proposed abandoned mine land

reclamation plans and revisions thereof submitted by a State or Tribe

are based on a determination of whether the submittal meets the

requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR

Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State and Tribal abandoned mine land

reclamation plans and revisions thereof are categorically excluded from

compliance with the National Environmental Policy Act (42 U.S.C. 4332)

by the Manual of the Department of the Interior (516 DM 6, appendix 8,

paragraph 8.4B(29)).

Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The submittal which is the subject of this rule is based upon

corresponding Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented. In making the

determination as to whether this rule would have a significant economic

impact, the Department relied upon the data and assumptions in the

analyses for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 920

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 5, 1994.

Richard J. Seibel,

Acting Assistant Director, Eastern Support Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal Regulations is amended as set forth

below:

PART 920--MARYLAND

1. The authority citation for Part 920 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 920.25 is amended by redesignating the existing text as

paragraph (a) and adding paragraph (b) to read as follows:

Sec. 920.25 Approval of Maryland abandoned mine land reclamation plan

(AMLR) amendments.

* * * * *

(b) The Maryland AMLR amendment submitted August 19, 1993, and

revised on August 3, 1994, and September 1, 1994, is approved effective

December 9, 1994.

[FR Doc. 94-30346 Filed 12-8-94; 8:45 am]

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